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Capabilities 88 results

Practice Area

ITC – Section 337

The United States International Trade Commission (ITC) is an increasingly popular venue for patent infringement litigation. More and more companies are seeking to halt importations of infringing products into the United States by turning to the ITC for expedited relief. Section 337 investigations conducted by the ITC provide complainants with a “fast track” to remedy IP matters that typically go to trial within 10 months. Since many Section 337 cases go to trial, selecting an ITC litigation team with a command of the technology, patent law, and specialized procedural practice is extremely important. We have handled more than 100 cases before the ITC....Read more

Practice Area

International Trade

International trade is essential for the growth and development of global economies and businesses. As international trade has expanded and developed, so too have the myriad rules and regulations that govern it. The global compliance environment is becoming more complex by the day and can be difficult to navigate without the assistance of experienced counsel. Failure to comply with international trade rules and regulations—even if done so unwittingly—can lead to civil and criminal penalties, monitorships, consent agreements, debarment, reputational damage, substantial administrative burden, legal expense, and unsatisfied business objectives. Increasingly, there also is exposure for individual officers/directors, which can include monetary penalties and, potentially, jail time. ...Read more

Practice Area

International Arbitration

Winston has decades of experience representing clients in international arbitrations around the world. Representing clients in both commercial and investor-state international arbitrations, we are well known by the leading players in the global arbitration arena. Our integrated team of attorneys enforces awards worldwide, knows every angle of international disputes, and has a robust understanding of our client’s industries....Read more

Insights & News 3,661 results

Recognitions

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August 12, 2025

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Less Than 1 Min Read

Winston Partners Named to Benchmark Litigation’s 2025 40 & Under List

Winston & Strawn is proud to announce that 13 partners have been recognized on the 2025 Benchmark Litigation 40 & Under List. The annual list aims to recognize the best and brightest litigators under the age of 40 across the United States and Canada. These young ambitious and accomplished lawyers are among the top young talent in their respective litigation communities and frequently handle major cases – some of which are high-stakes or precedent-setting....Read more

Direct Sellers Update: Regulation, Law & Policy

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August 11, 2025

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10+ Min Read

Robinson-Patman Act Enforcement in the Direct-Selling Industry: A Clearer Look

With renewed enforcement of the Robinson-Patman Act against illegal price discrimination looming, direct-selling companies should reassess their pricing models. The FTC has made clear that tiered wholesale pricing, which gives higher-ranked distributors more favorable terms than their lower-ranked counterparts, can create significant legal risks under antitrust laws.

Competition Corner

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August 11, 2025

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6 Min Read

Epic v. Google: Setting the Bar for Affirmative Antitrust Remedies in the Digital Age

The July 2025 decision by the Ninth Circuit Court of Appeals in Epic Games v. Google marks a landmark development in the ongoing evolution of antitrust remedies for unilateral conduct in the technology sector. The court’s willingness to affirm not just prohibitory, but also mandatory, forward-looking injunctions—requiring Google to take affirmative steps to open its Android app ecosystem to competition—signals a vigorous approach to restoring competition in digital platforms.

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Other Results 94 results

Site Content

What Is the Federal Trade Commission (FTC)?

The Federal Trade Commission (FTC) is a government agency established in 1914 to prevent anticompetitive, deceptive, or unfair business practices. The FTC is defined as having a dual mission of: (1) protecting consumers; and (2) promoting competition. Agency expertise and resources are available to federal and state legislatures, as well as other U.S. government agencies. The FTC enforces consumer protection and antitrust laws, and also works to advance consumers’ interests and provide educational programs....Read more

Site Content

What Is the Domestic Industry Requirement?

The domestic industry requirement for Section 337 investigations at the U.S. International Trade Commission (ITC) mandates that a complainant asserting patent infringement at the ITC, or complainant’s licensee, has made in the United States significant investments in plant and equipment, significant investments in labor or capital, or substantial investments in engineering, research and development, or licensing. The investments must further be directed to articles that practice a valid claim of the asserted patent. The investment component of the requirement is referred to as the “economic prong,” while the requirement that the article practices the asserted patent is referred to as the “technical prong.” The domestic industry requirement is codified in 19 U.S.C. § 1337(a)(2)-(3)....Read more

Site Content

What Is a Trade Secret?

The United States Patent and Trademark Office refers to a trade secret as a type of intellectual property. This definition of trade secret is in reference to the business ownership of a formula, pattern, compilation, program, device, method, technique, or process that provides a competitive edge. As a member of the World Trade Organization, the U.S. government has a responsibility to protect trade secrets. The passage of the Defend Trade Secrets Act of 2016 (DTSA) also increased trade secret protection. Under the DTSA, an individual or organization may be found liable in a civil case for the misappropriation of trade secrets....Read more
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